BUTLER v. PENCHISHEN et al
| PATRICK BUTLER |
| DAVID PENCHISHEN, JAMES KOSTURA, CHRIS GEBHARDT, NORTHAMPTON COUNTY, MARK BARTHOLOMEW, JODI RUGGERIO, LAMONT MILLER, PRIMECARE MEDICAL and SHANE DOE |
| 5:2022cv03252 |
| August 11, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| JUAN R SANCHEZ |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| DOCS 5 & 6 AND COMPLAINT FORM MAILED TO PRO SE (rf, ) |
Filing 6
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. PATRICK BUTLER, #0002511, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. THE COURT DIRECTS THE WARDEN OF NORTHAMPTON COUNTY PRISON OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF NORTHAMPTON COUNTY PRISON. THE COMPLAINT IS DEEMED FILED. BUTLERS CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM EXCEPT FOR (A) HIS RLUIPA CLAIMS AGAINST INDIVIDUAL DEFENDANTS, WHICH ARE DISMISSED WITH PREJUDICE; AND (B) HIS FREE EXERCISE CLAIM AND EQUAL PROTECTION CLAIM AGAINST NORTHAMPTON COUNTY, DAVID PENCHISHEN AND CHRIS GEBHARDT, AND HIS RLUIPA CLAIM AGAINST NORTHAMPTON COUNTY BASED ON THE FAILURE TO PROVIDE JUMUAH SERVICES, WHICH PASS STATUTORY SCREENING AT THIS TIME. THE CLERK OF COURT IS DIRECTED TO SEND BUTLER A BLANK COPY OF THE COURTS STANDARD FORM COMPLAINT FOR PRISONERS TO USE TO FILE A COMPLAINT BEARING THE ABOVE CIVIL ACTION NUMBER. BUTLER IS GIVEN THIRTY (30) DAYS TO FILE AN AMENDED COMPLAINT IN THE EVENT HE CAN ALLEGE ADDITIONAL FACTS TO CURE THE DEFECTS IN THE CLAIMS THE COURT DISMISSED WITHOUT PREJUDICE. THE TIME TO SERVE PROCESS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(M) IS EXTENDED TO THE DATE 90 DAYS AFTER THE COURT ISSUES SUMMONSES IN THIS CASE IF SUMMONSES ARE ISSUED. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 9/26/22. 9/26/22 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 5 MEMORANDUM SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 9/26/22. 9/26/22 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) |
| Copy of #6 Order faxed to Warden of Northampton County Prison on 9/26/22. (va) |
| Copy of Doc. 4 mailed to Pro Se. (mas) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (mas) |
| Filing 3 Prisoner Trust Fund Account Statement by PATRICK BUTLER. (mas) |
| Filing 2 COMPLAINT against MARK BARTHOLOMEW, SHANE DOE, CHRIS GEBHARDT, JAMES KOSTURA, LAMONT MILLER, NORTHAMPTON COUNTY, DAVID PENCHISHEN, PRIMECARE MEDICAL, JODI RUGGERIO, filed by PATRICK BUTLER. IFP PENDING. ENVELOPE INCLUDED. (mas) |
| Filing 1 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY PATRICK BUTLER. ENVELOPE INCLUDED. (mas) |
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